Note: The views and ideas shared in this article come directly from the inspiring young leaders who contributed to the campaign as part of the Responsible Data for Children (RD4C) initiative. These voices reflect the unique perspectives of youth from diverse backgrounds and regions. While RD4C provided light editorial support to enhance readability, the content remains entirely theirs—authored by young people for young people. Their insights are independent and do not necessarily represent official positions or endorsements by UNICEF or The GovLab.

With the advancement of technology and the rise in popularity of smart devices, children's phone watches have become a common feature in family life in China. These devices offer parents convenience by enabling real-time tracking of their children’s location, communication, and even payment activities. While these watches provide significant benefits, such as enhanced security and ease of communication, they also raise important concerns regarding the collection, storage, and use of children's data. This piece explores the governance of children's data in relation to these watches, assesses the risks and opportunities involved in data utilization, and examines relevant laws and cases, particularly from the perspective of informed consent and your participation.

Status and Challenges in Children's Data Governance

Children's phone watches, specialized smartwatches used by parents to monitor and stay in contact with their children, collect a variety of sensitive data, including location, communication history, payment information, and even biometric data like voiceprints. Managing such data, particularly for minors, requires stringent ethical and legal oversight. However, there are notable deficiencies in the current market practices and regulatory framework for protecting children's data:

1. Insufficient Informed Consent: Many parents are unaware of the full scope of data collected by children's phone watches or how this data is used. Despite the provisions of China’s Personal Information Protection Law (PIPL), which mandates informed consent for data collection, parental consent for children’s data is often reduced to a simplified “one-click agreement.” Parents may not receive adequate information about the types of data being collected, its uses, or the potential risks.

2. Risk of Data Misuse: Children’s phone watches not only gather real-time location information but also connect to other smart devices, generating vast amounts of personal data. If this data is not properly managed, it can be misused by third parties. For instance, some applications may collect and analyze children's behavioral data for marketing or even data trading purposes, leading to significant privacy violations.

3. Challenges in Supervision: The regulation of children's smart devices lags their rapid adoption. Although laws like the Cybersecurity Law and the Law on the Protection of Minors exist, there are no specific regulations addressing the governance of data generated by children’s phone watches. In the absence of dedicated regulations, industry self-regulation is also lacking, which allows smaller or less scrupulous manufacturers to cut corners on security, leading to potential data breaches and misuse.

Opportunities and Potential Value of Data Utilization

Despite the risks, the appropriate use of data generated by children's phone watches presents several opportunities that benefit both families and society at large:

1. Enhancing Child Safety: One of the key features of children's phone watches is the real-time location tracking and communication functions that help parents monitor their children’s movements. In urban areas with busy traffic, this technology can prevent accidents or child disappearances, providing families with a much-needed sense of security.

2. Monitoring Education and Development: Children’s phone watches can provide insights into daily activities and social interactions, allowing parents to better supervise and guide their children’s development. Schools and educational institutions can also use this data to develop personalized teaching plans, thereby improving the allocation of educational resources.

3. Smart Health management: Some high-end children’s watches are equipped with health monitoring features such as heart rate tracking and activity data analysis. These features enable parents to monitor their child’s health, detect potential issues early, and take preventative measures to ensure their well-being.

Informed Consent and Data Protection

Informed consent is a cornerstone of data governance, especially when it comes to children’s data. Both the Personal Information Protection Law (PIPL) and the Law on the Protection of Minors require explicit consent from guardians for the processing of data for children under the age of 14. However, in practice, informed consent often becomes a formality, with many parents unaware of the scope and risks of the data collected by the device.

1. Improving the Informed Consent Process: Manufacturers of children’s phone watches should ensure that parents are given clear and detailed information about the types of data collected, its intended use, and potential risks. This can be achieved through pop-up notifications, text descriptions, or video tutorials. Additionally, parents should have the flexibility to control and limit the data collected, rather than merely agreeing to all terms upfront through a single consent process.

2. Enhancing Parents' Digital Literacy: To ensure that parents make informed decisions about the data use of their children’s phone watches, efforts should be made to improve their digital literacy. Educational institutions and community organizations can offer training programs or workshops that inform parents about data security, privacy protection, and the long-term implications of data misuse. By equipping parents with the knowledge to navigate the digital world, they will be better prepared to safeguard their children's data.

3. Coordinated Regulation by Government and Industry: The government should continue to refine and enforce laws that address data collection and usage in children's smart devices. At the same time, industry associations should develop self-regulatory frameworks that encourage companies to prioritize security and adhere to privacy protection standards. Recent advancements in China’s data protection laws, such as the Cybersecurity Law (2017) and the Data Security Law (2021), have laid a solid foundation for personal data protection. However, more specific regulations focused on children’s devices are needed to address the unique challenges posed by such products.

Youth Participation in Data Policies

Recognizing the importance of youth perspectives in shaping data governance, it is crucial to involve young people in the policy-making process: 

1. Youth Advisory Boards: Establish youth advisory boards that can provide input on data policies related to children's smart devices. These boards can offer unique insights into how young people use technology and their concerns about data privacy. 

2. Educational Initiatives: Develop programs that educate young people about data responsibility and governance, empowering them to make informed decisions about their own data and advocate for their rights.

3. Feedback Mechanisms: Create channels for young users to provide feedback on their experiences with smart devices, helping to identify potential issues and improvements in data governance practices.

Conclusion and Recommendations

Children’s phone watches provide substantial convenience and security for parents, but the data governance issues they raise cannot be ignored. Children’s privacy and data security are vital to their overall well-being and future development. Therefore, data governance must prioritize the best interests of children, balancing the benefits of technology with the need to mitigate risks.

To improve data governance in children’s smart devices, the following measures are recommended:

1. Strengthen legal frameworks specific to children’s data collection and usage, setting clear boundaries and obligations for manufacturers.

2. Increase efforts to educate parents about digital literacy and data privacy, ensuring they can make well-informed decisions regarding their children’s data. 

4. Enhance regulatory oversight and encourage industry self-regulation to ensure manufacturers comply with security standards and prevent data breaches.   

5. Actively involve youth in the policy-making process to ensure their perspectives are considered in data governance decisions.

By fostering collaboration between government, industry, parents and young people, we can create a safer digital environment where children’s data is protected, and the benefits of smart technology are fully realized.

(Photo by Sophia Stark / Unsplash is licensed under CC0)

About the Author

Minyue Shi recently earned a master’s degree in International Law from East China University of Political Science and Law. Her research focuses on data governance and the legal protection of personal and children’s data rights. Since her sophomore year, she has published papers on topics such as personal information protection and the evolution of digital trade rules in the data era. Minyue is deeply committed to advancing ethical data practices that prioritize safety and responsible data use for individuals in the digital age.

Articles published in this series:

Juventudes en gobiernos hiperconectados

On the Digital Table, Youth Need a Voice, Not Just a Seat

AI时代的孩子：如何用‘道德数据’守护他们的未来？

Youth Leading the Way: Innovating Data Governance in Humanitarian Aid

当未成年人在网上“裸奔”：一种数据信托的破局新思路

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